Sunday, April 26, 1998 Last modified at 2:49 a.m. on Sunday, April 26, 1998

Albuquerque's police chief search violated law, suit says

ALBUQUERQUE (AP) - The city of Albuquerque is the target of a lawsuit charging it violated the state's Open Meetings Act during its search for a new police chief.

Attorney Paul Livingston sent a letter to City Hall demanding that it rescind the selection of Jerry Galvin as police chief and that the selection process be opened to public scrutiny.

Livingston contended in the letter on Thursday that the Open Meetings Act was violated because the list of 71 applicants was narrowed down to four finalists in closed meetings.

"This letter is to advise you that if you have not acted on this claim within 15 days by rescinding the selection announced last week and opening the process to public scrutiny or if you deny our claim of violations, we may apply for enforcement of the Open Meetings Act by the District Court," the letter said.

Livingston said he sent the letter on behalf of Albuquerque police Officer Mark Bralley, who earlier this month sued the city for not releasing the resumes of the 71 police-chief job applicants.

The lawsuit contends that, in refusing to release the names, the city violated the state's Inspection of Public Records Act. That case is before District Judge Dan Schneider, who is expected to rule soon on if the city must release the 71 names.

City Attorney Bob White said Friday that because the police chief's job is a mayoral appointment, the process can be closed.